1) Definitions
a) Except where otherwise specified in a context or elsewhere within these Terms and Conditions the following words shall be construed as indicated hereunder:
“Company” means Delta Industrial Equipment Limited.
“Customer” means the purchaser of any product or service from the Company.
“Product” means any item supplied by the Company to the Customer.
“Part” means any spare part provided by the Company.
“Service” means any work carried out by the Company at the request of the Customer including the supply of any Part used by the Company in carrying out the request of the Customer.
“Machine” means any equipment the Company agrees to undertake service on.
“Product” can include but is not limited to, Part and Machine.
b) The headings in this agreement are for convenience only and shall not affect its interpretation.
2) Application of conditions
Placement of an order for, acceptance of or payment for the Product or Service by the customer or any other act or conduct of the customer shall constitute unqualified acceptance by the customer of the terms and conditions herein specified.
3) Formation of contract
a) An order must be accompanied by sufficient information to enable the company to proceed with the order, forthwith and thereafter, any modification must be agreed in writing.
b) All communications relating to order must specify the number and date of order, a description of the Product or Service and reference number.
4) Quotations
a) The company will endeavour to hold the terms of any quotation given by it for a period of 30 days or for such other period as is specified in writing but without obligation or liability.
b) Any quotation for Service shall not be binding; if, on further examination of the Machine, the Company deems that work is necessary which is different or additional to that specified in the quotation the Company shall have the right to carry out such work and charge the cost thereof to the Customer subject to the provision that the Company will not undertake such different or additional work if the cost is estimated to exceed 20% of the quotation value without first obtaining the Customer’s written consent. Where additional work is required to overcome a safety hazard the work will be carried out without reference to the Customer.
5) Prices
a) All prices are subject to alteration without notice.
6) Payment
a) Unless otherwise agreed by Company in writing the terms of payment shall be cash against invoice for any Product held in stock in Tanzania by the Company . No discounts or allowances will be made unless specifically agreed by the Company in writing.
b) Where special importation of the product is required a minimum of thirty (30) percent (One hundred (100) percent in the case of a Part) non refundable deposit is required with the order with balance payable against invoice unless specifically arranged otherwise and confirmed in writing by the Company.
c) The terms of payment for Service work shall be a deposit of 60% of the estimated cost for the work with the balance payable against invoice unless specifically arranged otherwise and confirmed in writing by the Company.
d) In the event of the Customer failing to effect payment for the Product by the due date the Company shall be entitled without prejudice to any other rights:
i) to be paid interest at the rate of average Bank borrowing rate
ii) to repossess the Product, and for the purpose thereof the company shall be entitled to enter into any premises where it is stored or where it is reasonably thought to be stored.
e) In the event of the Customer failing to effect full payment for the Service by the due date the company shall be entitled without prejudice to any other rights:
i) to be paid interest at the rate of average Bank borrowing rate
ii) to seize the Machine and hold it until all outstanding charges for the Service have been made including any storage charges and interest due.
iii) to hold the machine for a period of 45 days and then have the right to sell it to recover any outstanding payments due that will include interest, storage charges, charges incurred in selling the Machine with the balance being paid to the owner.
7) Delivery
a) Any time or date given by the Company in respect of dispatch delivery shall be deemed an estimate only, and the Company shall not be liable for the consequences of any delays.
b) Unless otherwise agreed in writing, the delivery shall take place at the Company’s premises specified by the Company.
c) No responsibility will be taken for any discrepancy in the quality or quantity of the Product supplied unless notified to the Company at the time of delivery and followed up in writing within 7 days.
d) Any Product in respect of which no notification is given as aforesaid shall be deemed to be in all respects delivered in accordance with the contract and the Customer shall be obliged to accept and pay for such Product.
e) When Service has been completed on a Machine the Company will give notice to the Customer in writing sent to the Customer address as shown on the quotation advising that the goods are ready for collection against cleared payment of all outstanding costs invoiced for the Service. Any notice sent to the Customer by post will be deemed to have been received by the Customer fourteen (14) days after posting by registered post and upon proof of posting by the Company notice to the customer shall be deemed to have been duly given.
8) Returns
a) The Company will not accept any product for return unless it was purchased from the Company.
b) The Company will decide if a Part will be accepted for return to the Company and the Company’s decision will be final.
c) Any part that is accepted by the Company for return will be subject to a twenty (20) percent re-stocking charge on the invoice price paid.
d) Any credit given by the Company for a Part that has been returned will be given in the form of a Credit note to be used to offset any existing outstanding invoices owed to the Company by the Customer or to be used against future purchases from the Company by the Customer.
e) A Product other than a Part is not normally returnable unless under special arrangement with the Company when a ten (10) percent handling charge will be levied
9) Retention of rights
a) Unless otherwise specified by the Company the risk shall pass on delivery of the Product to the Customer or his carrier or to such delivery address as specified by the Customer whichever shall occur the sooner.
b) The Product shall remain the sole and absolute property of the Company as legal and equitable owner until the full contract price has been paid.
c) The Customer acknowledges that he is in possession of the Product solely as bailee for the company until such time as the full contract price has been paid or when the Company's responsibility ceases under clause 8(a).
d) If by reason of instructions or lack of instructions from the Customer or any other acts or omissions of the Customer, dispatch in accordance with the contract is delayed, the risk of loss or damage to the product shall pass to the Customer and the Customer shall be liable to pay all charges, including but not limited to storage charges which arise as a result of the delay.
e) The Company accepts no liability or responsibility for loss or damage to any Product stored, carried driven or handled in any way by the Company or the Company’s staff on behalf of a Customer howsoever caused. This includes but is not limited to a Machine brought to the Company for Service.
f) The Company shall not be obliged to take any special precautions to store a Machine under cover or protection from the weather and shall not be liable for any claim arising out of any deterioration whether such alleged deterioration occurs before or after any Service may be affected.
10) Specifications
All descriptive and technical specifications, drawings, catalogues, illustrations and weights and dimensions submitted with a quotation are approximate only and none of these shall form part of the contract terms. In any event, figures for performance of the product vary according to the nature of the site upon which the Product is being used and circumstances of use.
11) Liability
The Company accepts responsibility for all technical advice given by its officers or servants for which a charge is made. Technical advice made available to Customers without charge is given with all reasonable care but without liability on the part of the Company.
12) Warranty
a) Any defect identified by the Customer may be inspected by the Company at the discretion of the Company.
b) The Company shall extend to the Customer the benefits of any standard warranty of the manufacturer for such Product.
c) The decision of the Company shall be final in judging if a defect is covered by the manufacturer’s warranty.
d) The Company offers a Service warranty on workmanship for any Service carried out for 6 months from date of invoice. This warranty is limited to correcting any fault identified as resulting from poor workmanship. The manufacturers warranty mentioned in 10b above will apply to any Part used in any Service.
e) The decision of the Company shall be final in judging if a defect is covered by the Service warranty.
f) The Company will not be liable for any consequential loss resulting out of any defect, delay or breach howsoever arising.
g) No warranty is given on or implied on any used Product. The Customer should inspect any used Product prior to purchase and must rely solely on his own assessment of its condition, quality, fitness for purpose and compliance with statutory requirements.
13) Force Majeure
The Company shall not be liable for any failure to supply the products where such failure arises by reasons of riot, civil commotion, war whether declared or not, accident, shortened hours of labour, strikes, lock-outs, mechanical break down, failures by third parties to supply raw materials, storm, flood, fire or any other circumstance whether of the kind above mentioned or not beyond the control of the Company
14) Variation
No purported variation or waiver of these terms and conditions shall be of any effect unless in writing and signed by a Mantrac Director.
15) Governing Law
Any contract for the supply of the products shall be construed according to the laws of Tanzania.
Djibouti
Ethiopia